Supreme Court: Arbitrary preventive detention orders must be curtailed
On Thursday, a Supreme Court bench headed by Chief Justice of India D Y Chandrachud declared that preventive detention is fundamentally a drastic action, underscoring that its objective is to deter individuals from committing detrimental acts, not to penalize them for prior deeds.
The bench, comprising Justice J B Pardiwala and Justice Manoj Misra, emphasized the need to immediately halt the use of preventive detention as an arbitrary or habitual exercise of power. Additionally, it warned against citing the insufficiency of the state’s law enforcement apparatus as grounds for employing preventive detention.
Article 22 in the Constitution of India
22. Protection against arrest and detention in certain cases
(1)No person who is arrested shall be detained in custody without being informed, as soon as may be, of the grounds for such arrest nor shall he be denied the right to consult, and to be defended by, a legal practitioner of his choice.
(2)Every person who is arrested and detained in custody shall be produced before the nearest magistrate within a period of twenty-four hours of such arrest excluding the time necessary for the journey from the place of arrest to the court of the magistrate and no such person shall be detained in custody beyond the said period without the authority of a magistrate
WHAT IS PREVENTIVE DETENTION
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